"It's not necessarily illogical to make jurisprudential predictions based on judicial politics when it comes to the health reform appeals. The results in every one of the cases about the law have, thus far, perfectly tracked ideology. Three lower courts have upheld the law as constitutionally valid, while two have struck down all or parts of it. No judge appointed by a Democratic president has had a problem with it, while no Republican appointee has voted to uphold it. Based on the recent 4th Circuit hearing, that pattern looks likely to hold, at least in the near term. If there is an enduring political lesson to be learned from all this, it's that Congress should fight over judicial appointments from now until forever."